Facts

Plaintiff Georg Lingenbrink filed an action against Stephen Games for breach of contract arising out defendant Stephen Games' alleged agreement to provide water to Lingenbrink's property in the Bay of Dreams, located in Baja Sur Mexico. Lingenbrink alleged that Games agreed to provide unlimited water to his property, both pursuant to an initial agreement whereby Lingenbrink invested $1 million in the Bay of Dreams in 1999, and subsequently pursuant to a buy-out arrangement of Lingenbrink's investment in 2002. Games denied the allegations, and alleged that when the Bay of Dreams development was sold in 2007 to Grande Bahia De Los Suenos, S.R.L, Grande Bahia agreed to assume the obligation to provide Lingenbrink with unlimited water.
Grande Bahia provided Lingenbrink's property with water without payment from 2007 to October 2019. Although Grande Bahia eventually started invoicing for the water, Lingenbrink refused to pay, contending he was entitled to water free of charge.
In October, 2018, the owner of the Bay of Dreams, Grande Bahia, filed its complaint in intervention, seeking a declaration that there was no obligation to provide Lingenbrink with unlimited water. Lingenbrink filed a cross-complaint against Grande Bahia, alleging that Grande Bahia breached its agreement with Games and/or Games' company to provide Lingenbrink's property with water free of charge, of which Lingenbrink was an intended third party beneficiary. Lingenbrink alleged at trial that the agreement was both oral and implied by conduct.
Both Lingenbrink and Games waived jury trial. Grande Bahia demanded jury on Lingenbrink's cross-complaint for third party breach of contract. All other claims of the parties were reserved for bench trial, which was tried concurrently, and was taken under submission.

CROSS-COMPLAINANT'S CONTENTIONS: Cross-Complainant Lingenbrink alleged that Grande Bahia breached its agreement with Game and/or his company to provide Lingenbrink's property with water free of charge, of which Lingenbrink was an intended third party beneficiary. Lingenbrink alleged at trial that the agreement was both oral and implied by conduct.

CROSS-DEFENDANT'S CONTENTIONS: Grande Bahia denied the existence of the alleged agreement, and alleged statute of frauds lack of consent, mutual mistake and valid termination of the agreement.

Settlement Discussions

Grande submitted a CCP 998 statutory to compromise for $10,000, with each side to bear it owns costs. The offer expired without acceptance.

Damages

Lingenbrink alleged as damages his losses for covering water deliveries after Grande Bahia's termination of water deliveries in October 2019 plus the cost to provide replacement water and/or to build a desalinization plant to mitigate damages. Lingenbrink claimed damages ranging from approximately $300,000 to $3,600,000 in total damages.

Result

Verdict for Cross-Complainant Georg Lingenbrink against Grande Bahia for $3,515,545.

Deliberation

three days

Length

seven days